PUBLIC LAW BOARD NO. 6712

Case No. 45
Award No. 45

United Transportation Union      )
                                 )
                              vs ) PARTIES TO DISPUTE
                                 ) Union Pacific Railroad Company
                                 )   

STATEMENT OF CLAIM

Request of TrainmanPJ. Shary ("Claimant"), Los Angeles Service Unit, for removal of "First Offense" Absenteeism from his personal record. In addition, request is made for replacement of lost wages, including vacation credits, resulting from his attendance at the formal investigation held on May 7,2004.

FINDINGS

This Board finds the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction over the dispute involved herein. The parties to said dispute were given due and proper notice of hearing thereon.

On May 26,2004 the Carrier imposed a "First Offense" violation of its attendance policy. As a result of an investigation held on May 7, 2004 the Carrier found the Claimant violated Operating Rules 1.13 and 1.15 by being excessively absent during the period January 21,2004 and April 20,2004.

The record shows that the Claimant was unavailable for work on 48 of 91 "days. There is no question the Claimant's absenteeism is excessive.

Claimant argues that he was sick and had legal problems that required his presence in Court. The record shows the Claimant logged off on 5 weekends during the period. Except for one doctor advising the Claimant had an eye problem, the medical evidence is not from a medical doctor and does not give the facility name.

Even if the absences were excused the carrier has the right to expect its employees to come to work It is obvious the Claimant is not doing so. The Carrier has met its burden in proving the Claimant violated its Rules.

AWARD

Claim denied.

R. G. Richter, Chairman
Neutral Member

Frank Tamisiea                                     J. Kevin Klein
Carrier Member                                     Employee Member

Dated: 3/16/05